OFFICER
REPORT
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SUMMARY
1.1 The proposed
development relates to a site within the settlement boundary and is
therefore acceptable in principle.
1.2 The proposal
would not adversely affect the residential amenities of
neighbouring occupiers and acceptable living conditions would be
provided for future occupiers of the proposed dwelling. The
dwelling as proposed due to its revised design, reduction in height
and bulk and placement of windows overcomes the reasons for refusal of previous
application 19/01031/FUL
relating to overlooking and
impact on the character of the area.
1.3 The proposal
would not adversely impact upon the character and appearance of the
surrounding area. Sufficient on-site parking can be provided along
with cycle and bin storage.
1.4 A legal
agreement will secure contributions for SPA mitigation.
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RECOMMENDATION
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Planning permission be granted subject to the
conditions in Section 11 of this report and a section 106 agreement
relating to mitigation measures for the SPA.
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- REASON FOR
REPORTING APPLICATION TO COMMITTEE
2.1 The
application has been reported to the Planning Committee as more
than 5 objections have been received.
- PLANNING
STATUS AND SITE DESCRIPTION
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PLANNING STATUS
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Within a defined
settlement boundary
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Within 5km of
the Thames Basin Heath SPA
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Located within
Area D: Winkfield Row South (Northern Villages Study Area) of
Character Area Assessments Supplementary Planning Document.
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3.1 The application
site currently consists of part of the rear garden of residential
dwellings known as Eggleton Cottage and Poplar Cottage. Both these
dwellings face on to Chavey Down Road. The application site also
adjoins an electrical substation.
3.2 The surrounding
area is residential, comprising predominately semi-detached and
detached dwellings of differing architectural design.
- RELEVANT SITE
HISTORY
4.1 Application,
LPA ref: 19/01031/FUL was refused at Planning Committee in June
2020 against officer recommendation for the erection of no1. two
storey, 3 bedroom dwelling including soft and hard landscaping with
access from Mushroom Castle for the following reasons:
1. The
proposed development, by means of its siting, overall height and
bulk, would have an adverse impact on the character and appearance
of Mushroom Castle. The proposal would therefore be contrary to
Saved Policy EN20 of the Bracknell Forest Borough Local Plan and
Policy CS7 of the Core Strategy Development Plan Document and the
National Planning Policy Framework.
2. The
proposed development would have an unacceptable degree of
overlooking towards the rear gardens of the immediate neighbouring
properties facing onto Chavey Down Road. The proposal would
therefore result in an adverse impact on amenity of neighbouring
occupiers, contrary to 'Saved' Policy EN20 of the BFBLP and the
NPPF.
3. The
occupants of the development would put extra pressure on the Thames
Basin Heaths Special Protection Area and the proposal would not
satisfactorily mitigate its impacts in this respect. In the
absence of a planning obligation to secure suitable avoidance and
mitigation measures and access management monitoring arrangements,
in terms that are satisfactory to the Local Planning Authority, the
proposal would be contrary to Policy NRM6 of the South East Plan,
Policy EN3 of the Bracknell Forest Borough Local Plan, Policy CS14
of the Core Strategy Development Plan Document and the Thames Basin
Heaths Special Protection Area Supplementary Planning Document
(2018).
- THE
PROPOSAL
5.1 Full
permission is sought for the erection of a 3 bedroom dwelling with
associated access and parking.
5.2 The proposed
dwelling would be a maximum of 10.4m wide and range between 6.1m
and 9.4m in depth, with an eaves height of 2.4m and ridge height of
6m. The proposed dwelling would be accessed from Mushroom Castle.
On-site parking would be provided for 2no. vehicles. A private
side/rear garden would be provided, along with bin and cycle
storage.
5.3 The proposed
dwelling would comprise the following layout:
Ground floor:
hallway, WC, kitchen, living room, study, bedroom;
First floor:
2no. bedrooms, bathroom.
5.4 This revised
proposal differs from refused application 19/01031/FUL in that the eaves height of
the dwelling has been reduced from 4.9m to 2.4m (-2.5m) and the
ridge height reduced from 6.75m to 6m (-0.75m). The dwelling as
proposed would be one and a half storeys high, with rooms in the
roofspace and dormer windows, as opposed to a full height two
storey dwelling. As a result of the change in the design of the
dwelling from that previously refused, there are no longer windows
proposed at first floor level on the eastern elevation facing
towards the rear gardens of dwellings on Chavey Down Road (only
windows at ground floor level) and a window proposed at first floor
level on the southern elevation serving a bathroom will be obscure
glazed and fixed shut to a height of 1.7m above internal floor
level.
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REPRESENTATIONS RECEIVED
Winkfield
Parish Council
6.1 Recommend
the application for refusal for the following reasons:
- The proposed
development, by means of its siting, overall height and bulk, would
have an adverse impact on the character and appearance of Mushroom
Castle. The proposal would therefore be contrary to Saved Policy
EN20 of the Bracknell Forest Borough Local Plan and Policy CS7 of
the Core Strategy Development Plan Document and the National
Planning Policy Framework.
- The proposed
development would have an unacceptable degree of overlooking
towards the rear gardens of the immediate neighbouring properties
facing onto Chavey Down Road. The proposal would therefore result
in an adverse impact on amenity of neighbouring occupiers, contrary
to 'Saved' Policy EN20 of the BFBLP and the NPPF.
- The occupants of
the development would put extra pressure on the Thames Basin Heaths
Special Protection Area, contrary to Policy NRM6 of the South East
Plan, Policy EN3 of the Bracknell Forest Borough Local Plan, Policy
CS14 of the Core Strategy Development Plan Document and the Thames
Basin Heaths Special Protection Area Supplementary Planning
Document (2018).
Other
representations
6.2 18no.
letters of objection (summarised) as follows:
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Impact to neighbours, including overlooking, unneighbourly,
disruption during build works, light/noise pollution.
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Impact to character of area, including overdevelopment, cramped,
too many infill developments in the area, impact to
trees/vegetation.
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Highway concerns relating to construction, access, increased
traffic, insufficient parking, risk of accidents, affect emergency
services access.
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Impact to highway and pedestrian safety.
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No need for extra housing in this area. Council has a 5 year
housing land supply. Other developments approved in
area.
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Mushroom Castle is a private lane.
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Financial gain to developer/landowner.
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Impact on Thames Basin Heath Special Protection Area.
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Pressure on sewer system.
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Unsustainable location.
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Scheme almost identical to that refused previously.
6.3 2no. letters
of support received:
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New house will be a pleasant addition to area.
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There is a range of house types and heights in the area.
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Houses on Mushroom Castle are infill sites.
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Objections have been addressed.
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Building materials and deliveries can take place in a safe and
considerate manner.
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Proposal is not overdevelopment.
- SUMMARY OF
CONSULTATIONS RESPONSES
Highways
Officer
7.1 Full
comments will be provided in the supplementary report.
- MAIN POLICIES
AND OTHER DOCUMENTS RELEVANT TO DECISION
8.1 The key
policies and guidance applying to the site and the associated
policies are:
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Development Plan
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NPPF
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General
policies
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CS1 & CS2 of
CSDPD
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Consistent
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Design
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CS7 of CSDPD,
Saved policy EN20 of BFBLP
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Consistent
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Residential
Amenity
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Saved Policy
EN20 of BFBLP
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Consistent
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Parking
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Saved policy M9
of BFBLP
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Consistent
NPPF refers to
LA’s setting their own parking standards for residential
development, this policy is considered to be consistent.
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Transport
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CS23 of
CSDPD
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Consistent
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Trees,
biodiversity and landscaping
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Saved policy
EN1, EN2 and EN3 of BFBLP, CS1 of CSDPD.
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Consistent
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SPA
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SEP Saved Policy
NRM6, CS14 of CSDPD
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Consistent
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Supplementary Planning Documents (SPD)
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Design SPD
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Parking
Standards SPD
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Character Area
Assessments SPD
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Thames Basin
Heath Special Protection Area (SPD)
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Other publications
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National
Planning Policy Framework (NPPF) and National Planning Policy
Guidance (NPPG)
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CIL Charging
Schedule
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- PLANNING
CONSIDERATIONS
9.1 The key
issues for consideration are:
i.
Principle of development
ii.
Impact on residential amenity
iii.
Impact on character and appearance of surrounding area
iv.
Impact on highway safety
v.
Trees and Biodiversity
vi.
Thames Basin Heath SPA
vii.
Community Infrastructure Levy (CIL)
viii.
Energy sustainability
ix.
Drainage/SuDS
i.
Principle of Development
9.2 Section
38(6) of the Planning and Compulsory Purchase Act 2004 requires
that applications for planning permission must be determined in
accordance with the development plan, unless material
considerations indicate otherwise, which is supported by the NPPF
(paras. 2 and 12).
9.3 Core Strategy
Policies CS1 (Sustainable Development) and CS2 (Locational
Principles) are relevant and consistent with the objectives of the
NPPF. In particular, Policy CS2 permits development within defined
settlements.
9.4 The site is
located with the Defined Settlement as designated by the Bracknell
Forest Borough Policies Map (2013). As a result, the proposed
development is considered acceptable in principle, subject to no
adverse impact on the amenity of the neighbouring occupiers and
upon the character and appearance of the area, highway safety
etc.
ii.
Residential amenity
9.5 The proposed
dwelling would result in the sub-division of part of the rear
gardens serving both Poplar Cottage and Eggleton Cottage to the
east, which face onto Chavey Down Road.
The depth of the
rear gardens for the retained dwellings at Poplars and Eggleton
Cottages following the sub-division of part of the rear gardens
would be between 11.8m and 17.5m which would be acceptable. The
rear (eastern) elevation of the proposed dwelling would be set 8.5m
from the proposed boundary of its rear garden, with a separation
distance of 20.3m to the rear elevations of Poplars and Eggleton
Cottages at the closest points. Given these separation distances
and the height and design of the proposed dwelling, it would not
appear overbearing, or result in loss of daylight or overshadowing
to the occupiers of the cottages. Further, due to the separation
distances and that there will be windows only at ground floor level
on the rear elevation, no overlooking will result to the rear
gardens or rear elevations of the retained cottages. Windows on the
rear elevations of the retained cottages would also not result in
significant overlooking to the proposed garden of the dwelling. A
planning condition is recommended removing permitted development
rights for any windows (rooflights or dormers) on the rear (eastern
elevation) of the roofslope of the dwelling.
9.6 The
application site adjoins the rear gardens of Mushroom Castle
Cottage to the south and Castle Keep to the north. There is a
detached garage and parking area sited within the rear most part of
the garden of Mushroom Castle Cottage. There would be views of the
proposed dwelling from the rear gardens of Mushroom Castle Cottage
and Castle Keep, however due to the height of the dwelling at 1.5
storeys, and that there would be approximately 25m separation
distance between the rear elevations of these dwellings and the
rear elevation of the proposed dwelling, it would not appear
overbearing or result in overshadowing to the rear gardens of these
adjoining dwellings.
9.7 A window is
proposed on the side (southern) elevation of the dwelling at first
floor level which will serve a bathroom. A planning condition is
recommended to secure that this window is obscure glazed and fixed
shut to a height of 1.7m above internal floor level to ensure that
no overlooking and loss of privacy results to the garden of Mushoom
Castle Cottage. A further condition is recommended to
remove permitted development
rights for any additional windows at first floor level on the
southern elevation of the dwelling in the interests of the
occupiers of Mushroom Castle Cottage. On the rear (eastern)
elevation of the proposed dwelling, there will be windows only at
ground floor level and as such, no overlooking will result to the
rear gardens of Mushroom Castle Cottage and Castle Keep. No windows
are proposed at first floor level on the northern elevation facing
the garden of Castle Keep and this will again be controlled by
planning condition.
9.8 A planning
condition is recommended to secure details of boundary treatments
along the northern, eastern and southern boundaries of the new plot
in the interests of both future occupiers of the proposed dwelling
and adjoining dwellings.
9.9 One of the
reasons for refusal of application 19/01031/FUL was on the grounds
of overlooking towards the rear gardens of the immediate
neighbouring properties facing onto Chavey Down Road. Given the
height and design of the dwelling subject to this current
application have been revised when compared to the refused
application; the placement of proposed windows, and planning
conditions which are recommended to restrict windows on the
northern, eastern and southern elevations/roofslope of the proposed
dwelling and ensure a first floor window on the southern elevation
is obscure glazed, it is considered that this revised scheme would
address one of the reasons for refusal of application 19/01031/FUL
and no adverse level of overlooking and loss of privacy would
result to dwellings on Chavey Down Road.
9.10 To the
south-west and west of the site lie April Cottage and Rosemary
Cottage, both of which are accessed off Mushroom Castle. The front
elevation of Rosemary Cottage is orientated 90 degrees to that of
the front elevation of the proposed dwelling. The proposed dwelling
would face onto the side elevation of Rosemary Cottage and its rear
garden. The front elevation of the proposed dwelling would be set
14m-15m from the side boundary with Rosemary Cottage, with the
parking area/front garden of the proposed dwelling and the access
drive of Mushroom Castle as intervening features between. In view
of this separation distance and the height and design of the
proposed dwelling, it would not result in an adverse level of
overlooking/loss of privacy or appear unduly overbearing to the
occupiers of Rosemary Cottage. The front elevation of April Cottage
is orientated 90 degrees to that of the front elevation of the
proposed dwelling, with an approximate 20m separation distance. In
view of this separation distance and the orientation of the April
Cottage relative to the proposed dwelling, the proposal, whilst it
would appear visible to the occupiers, would not result in an
overbearing impact or unacceptable overlooking/loss of privacy.
9.11 In relation
to the residential amenities of future occupiers of the proposed
dwelling, all habitable rooms would be served by windows for
natural daylight and ventilation, sufficient on-site parking would
be provided, along with a private garden.
9.12 As such,
the proposal would not be considered to significantly affect the
residential amenities of neighbouring occupiers and acceptable
residential amenity will be provided for future occupiers of the
proposed dwelling. As such, the proposal would be in accordance
with Saved policy EN20 of the BFBLP and the NPPF.
iii.
Impact on character and appearance of surrounding area
9.13 The site is
located within Area D: Winkfield Row South of the Character Area
Assessments Supplementary Planning Document. The SPD states that
the area is varied in terms of landscape and architecture with the
most significant characteristic being the ribbon development on
both sides of Chavey Down Road and along Locks Ride. The SPD
recommends that the strongly defined frontage along Chavey Down
Road is important and that proposed backland development should
ensure that it does not impact negatively on the existing street
scene.
9.14 The
Council's Design SPD sets out a number of recommendations that are
relevant to the proposed development. Of particular relevance are
the following recommendations:
Backland development should:
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not harm the existing character of the local area;
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maintain the quality of environment for existing residents;
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create a satisfactory living environment for the new home owners
and existing surrounding properties;
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relate to a site of sufficient size and suitable shape to
accommodate the number of dwellings proposed when compared to the
existing grain of development in the area, together with their
external space, access and parking requirements;
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not be taller than the existing buildings nor be highly visible
from the main street frontage.
9.15 The
proposed dwelling would constitute backland development. The rear
gardens of Eggleton and Poplar Cottages on Chavey Down Road would
be sub-divided, reducing the size of the rear gardens of each of
the retained dwellings, and creating a new plot for the proposed
dwelling, its associated garden and on-site parking. Backland
development is evident in the local area and therefore the
principle of backland development is acceptable. The proposed
dwelling would be accessed from and face onto a driveway on
Mushroom Castle which currently provides access for 3 other
dwellings. The proposed dwelling would be sited in excess of 40m
from Chavey Down Road to the east and some 11m from Mushroom Castle
to the north. Due to its height and design, appearing as a chalet
stye dwelling with rooms in the roofspace, it would not appear
visually intrusive when viewed from either Chavey Down Road or
Mushroom Castle. Views of the proposed dwelling from Mushroom
Castle would be further mitigated by an existing substation and
trees/hedging outside of the application site. The proposed
dwelling would be set back between 8.6m and 9.6m from the access
drive off Mushroom Castle which the proposed dwelling would be
accessed from. The proposed dwelling would be visible when viewed
from this access drive, however, due to its setback, with parking
and a garden area in-between, and its height and design, the
proposal would also not appear visually intrusive from this
viewpoint or harm the visual amenities of the area. The front
elevation of the dwelling would be sited in a broadly similar
location to a detached garage directly to the south at Mushroom
Castle Cottage and would be sited with a similar setback from the
access drive as April Cottage to the south-west of the site. The
proposed dwelling would therefore not adversely impact the existing
street scene on Chavey Down Road or Mushroom Castle (including the
access drive from which it would be accessed), in accordance with
the Character Area Assessments SPD and the Design SPD.
9.16 Mushroom
Castle and Chavey Down Road are characterised by a mix of styles
and heights of dwellings. Two existing dwellings at April Cottage
and Inglewood Cottage, situated along the section of Mushroom
Castle from which the new dwelling would be accessed, are detached
bungalows, along with Rosemary Cottage directly to the west of the
site. Other dwellings along Mushroom Castle are two storeys high,
along with dwellings on Chavey Down Road which immediately adjoin
the application site. The dwelling proposed by this revised
application has been reduced in height and now takes the form of a
1.5 storeys high dwelling with rooms in the roofspace, as opposed
to a full two storeys high dwelling refused by previous application
19/01031/FUL. The reduction in the height
and bulk of the dwelling when compared to that of the previous
scheme would ensure that the dwelling as proposed would not appear
unduly prominent in the streetscene and would better reflect the
scale of dwellings in the immediate area which addresses one of the
reasons for refusal.
Refused application 19/01031/FUL
As proposed:
9.17 The
proposed dwelling would comprise a pitched roof, with front facing
gable on the western elevation and 2no. proportionately sized front
facing dormer windows. It would be of a cottage style appearance.
The proposed dwelling would reflect design features of existing
dwellings in the surrounding area and it would therefore assimilate
well into the streetscene. There are a mix of brick types, render
and roof tiles in the immediate area and a planning condition is
recommended for details of materials for the proposed dwelling to
be submitted to the LPA for approval.
9.18 The level
of development proposed is not considered to represent
overdevelopment of the site. The proposal would result in the net
gain of 1no. dwelling within the settlement, with adequate space
retained between the proposed dwelling and adjoining buildings,
along with appropriately sized gardens for both the retained
dwellings at Eggleton and Poplars Cottages and the proposed
dwelling. The size of the development plot is comparable with other
plot sizes in the area. The plot would accommodate on-site parking
provision for the dwelling, along with bin and cycle storage, and
sufficient space for soft landscaping and a private rear garden.
The NPPF refers to the effective use of land and it is considered
that this proposal would comply with this objective with the net
gain of 1no. dwelling on a site located within the settlement
boundary.
9.19 As such,
the proposal would not adversely affect the character and
appearance of the surrounding area, in accordance with 'Saved'
policy EN20 of the BFBLP, Policy CS7 of CSDPD, the Character Area
Assessments and Design SPDs, and the NPPF.
iv.
Highway implications
9.20 A 3 bedroom dwelling is
proposed and 2 car parking spaces are shown, compliant with the
Parking Standards SPD (March 2016).
9.21 A covered cycle store is
proposed to accommodate 3 cycles, in accordance with the Parking
Standards SPD.
9.22 A bin store
will be provided on site. On collection day, the bins would be
taken to the end of the driveway that serves the proposed dwelling
and two other existing dwellings to the south-west of the
application site, to be collected as the refuse truck does not
enter down the access drive, but passes along Mushroom Castle
itself. An informative is recommended to address this.
9.23 Further comments relating to access and construction vehicles,
including swept path details (and any additional conditions
relating to these matters), will be reported in the supplementary
report. The decision on the previous application on this site
(refused application 19/01031/FUL did not include any reasons for
refusal on highway grounds. Subject to the imposition of
conditions, the proposal is considered to be in accordance with
CS23 of the CSDPD, Saved Policy M9 of the BFBLP, the Parking
Standards SPD and the NPPF and would not result in adverse highway
safety implications.
v.
Trees and Biodiversity
9.24 There are
no trees within the application site which are protected by a Tree
Preservation Order and the site is also not located within a
Conservation Area.
9.25 The
application site forms part of the residential gardens of the
existing dwellings at Eggleton Cottage and Poplar Cottage and is
therefore of low ecological value.
9.26 As part of
the proposal, a planning condition is recommended to ensure
biodiversity enhancements are provided on site, including the
provision of bird and bat boxes and planting of native/wildlife
friendly species of landscaping. Subject to this condition, the
proposal would not adversely impact upon biodiversity and would be
in accordance with Policies CS1 and CS7 of the CSDPD and the
NPPF.
vi.
Thames Basin Heaths Special Protection Area (SPA)
9.27 The Council, in
consultation with Natural England, has formed the view that any net
increase in residential development between 400m and 5km
straight-line distance from the Thames Basin Heath Special
Protection Area (SPA) is likely to have a significant effect on the
integrity of the SPA, either alone or in-combination with other
plans or projects. An Appropriate Assessment has been carried out
including mitigation requirements.
9.28 This site is
located approximately 4.6km from the boundary of the SPA and
therefore is likely to result in an adverse effect on the SPA,
unless it is carried out together with appropriate avoidance and
mitigation measures.
9.29 On commencement
of the development, a contribution (calculated on a per-bedroom
basis) is to be paid to the Council towards the cost of measures to
avoid and mitigate against the effect upon the Thames Basin Heaths
SPA, as set out in the Council's Thames Basin Heaths Special
Protection Area Supplementary Planning Document (SPD). The strategy
is for relevant developments to make financial contributions
towards the provision of Suitable Alternative Natural Greenspaces
(SANGs) in perpetuity as an alternative recreational location to
the SPA and financial contributions towards Strategic Access
Management and Monitoring (SAMM) measures. The Council will also
make a contribution towards SANG enhancement works through
Community Infrastructure Levy (CIL) payments whether or not this
development is liable to CIL.
9.30 In this
instance, the development would result in a net increase of
a single
3-bedroom dwelling which results in a total SANG contribution of
£6,112.
9.31 The development
is required to make a contribution towards Strategic Access
Management and Monitoring (SAMM) which will is also calculated on a
per bedroom basis. Taking account of the per bedroom contributions
this results in a total SAMM contribution of £711.
9.32 The total SPA
related financial contribution for this proposal is
£6,823. The applicant must agree to enter into a S106
agreement to secure this contribution and a restriction on the
occupation of each dwelling until the Council has confirmed that
open space enhancement works to a SANG is completed. Subject to the
completion of the S106 agreement, the proposal would not lead to an
adverse effect on the integrity of the SPA.
vii.
Community Infrastructure Levy (CIL)
9.33 Bracknell
Forest Council introduced charging for its Community Infrastructure
Levy (CIL) on 6th April 2015. CIL is applied as a charge on each
square metre of new development. The amount payable varies
depending on the location of the development within the Borough and
the type of development.
9.34 CIL applies
to any new build (except outline applications and some reserved
matters applications that leave some reserved matters still to be
submitted) including new build that involves the creation of
additional dwellings.
9.35 The site
lies within the charging zone of the Northern Parishes. The
proposal is CIL liable.
viii.
Energy sustainability
9.36 Policy CS10
of the CSDPD requires the submission of a Sustainability Statement
in relation to water usage, aimed at achieving an average water use
in new dwellings of 110 litres/person/day. A planning condition is
recommended in relation to the submission of a Sustainability
Statement to satisfy the requirements of Policy CS10 of the
CSDPD.
9.37 Policy CS12
requires the submission of an Energy Demand Assessment in relation
to 10% offset by renewable energy source. A planning
condition is recommended in relation to the submission of an Energy
Demand Assessment to satisfy the requirements of Policy CS12 of the
CSDPD.
ix.
Drainage/SuDS
9.38 The
application site is located within Flood Zone 1. A condition is
recommended to ensure that the hard-surfaced areas proposed for
access and on-site parking/turning are SuDS compliant.
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CONCLUSION
10.1 The
proposed development relates to a site within the settlement
boundary and is therefore acceptable in principle.
10.2 The
proposal would not adversely affect the residential amenities of
neighbouring occupiers and acceptable living conditions would be
provided for future occupiers of the proposed dwelling. The
proposal would also not adversely impact upon the character and
appearance of the surrounding area. Due to
its revised design, reduction in height and bulk and placement of
windows, the revised proposal overcomes the reasons for refusal of previous
application 19/01031/FUL
relating to overlooking and
impact on the character of the area.
10.3 No adverse
highway safety implications would result, with sufficient on-site
parking provision, cycle and bin storage.
10.4 A legal
agreement is required to secure contributions for SPA mitigation.
This will overcome the holding reason for refusal on previous
application 19/01031/FUL relating to the SPA.
10.5 The
application is therefore recommended for approval, subject to the
completion of a legal agreement.
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RECOMMENDATION
11.1Following the completion of
planning obligation(s) under Section 106 of the Town and Country Planning Act 1990
relating to measures to avoid and mitigate the impact of
residential development upon the Thames Basins Heath Special
Protection Area
(SPA);
That the Head of Planning be authorised to
APPROVE the application subject to the following conditions
amended, added to or deleted as the Head of Planning considers
necessary:
1. The development
hereby permitted shall be begun before the expiration of three
years from the date of this permission.
REASON: To comply with Section 91 of the Town and
Country Planning Act 1990
2. The development
hereby permitted shall be carried out in accordance with the
following approved plans received by the Local Planning
Authority:
Drawing no. 19.067.6
received 14 September 2020
Drawing no.
19.067.7A received 10 May 2021
REASON: To ensure that the development is carried out
only as approved by the Local Planning Authority
3. The development hereby permitted shall not be
begun until details of the materials to be used in the
construction of the external surfaces of the development hereby
permitted have been submitted to and approved in writing by the
Local Planning Authority. The development shall be carried
out in accordance with the approved details.
REASON: In the
interests of the visual amenities of the area.
[Relevant
Policies: BFBLP EN20, CSDPD CS7]
4. The
development hereby permitted shall not be begun until details
showing the finished floor levels of the dwelling hereby approved
in relation to a fixed datum point have been submitted to and
approved in writing by the Local Planning Authority. The
development shall be carried out in accordance with the approved
details.
REASON: In the
interests of the character of the area.
[Relevant
Policies: BFBLP EN20, CSDPD CS7]
5. The first-floor
window in the southern elevation of the dwellinghouse hereby
permitted shall not be glazed at any time other than with a minimum
of Pilkington Level 3 obscure glass (or equivalent). It shall at
all times be non-opening unless the parts of the windows that can
be opened are more than 1.7m above the floor of the room in which
it is installed.
REASON: To prevent the overlooking of neighbouring
properties
[Relevant policies: BFBLP EN20]
6. Notwithstanding
the provisions of the Town and Country Planning (General Permitted
Development) (England) Order 2015 (as amended) (or any Order
revoking and re-enacting that Order with or without modification)
no additional windows, similar openings or enlargement thereof
shall be constructed in the roofslope of the eastern elevation of
the dwelling hereby approved or on the northern and southern
elevations at first floor level and above, except for any which may
be shown on the approved drawing(s).
REASON: To prevent
the overlooking of neighbouring properties.
[Relevant Policies: BFBLP EN20]
7. The dwelling
hereby permitted shall not be occupied until a scheme depicting
hard and soft landscaping has been submitted to and approved in
writing by the Local Planning Authority. The scheme shall include a
3 year post planting maintenance schedule. All planting comprised
in the soft landscaping works shall be carried out and completed in
full accordance with the approved scheme, in the nearest planting
season (1st October to 31st March inclusive) to the completion of
the development or prior to the occupation of any part of the
approved development, whichever is sooner. All hard
landscaping works shall be carried and completed prior to the
occupation of any part of the approved development. As a minimum,
the quality of all hard and soft landscape works shall be carried
out in accordance with British Standard 4428:1989 'Code Of practice
For General Landscape Operations' or any subsequent revision. All
trees and other plants included within the approved details shall
be healthy, well formed specimens of a minimum quality that is
compatible with British Standard 3936:1992 (Part 1) 'Specifications
For Trees & Shrubs' and British Standard 4043 (where
applicable) or any subsequent revision. Any trees or other
plants which within a period of 5 years from the completion of the
development, die, are removed, uprooted, are significantly damaged,
become diseased or deformed, shall be replaced during the nearest
planting season (1st October to 31st March inclusive) with others
of the same size, species and quality as approved. The areas shown
for soft landscaping purposes on the approved plans shall
thereafter be retained as such.
REASON: In the
interests of good landscape design and the visual amenity of the
area.
[Relevant
Policies: BFBLP EN2 and EN20, CSDPD CS7]
8. The dwelling
hereby permitted shall not be occupied until details of a scheme of
walls, fences, gates and any other means of enclosure has been
submitted to and approved in writing by the Local Planning
Authority. The approved scheme shall be implemented before
the occupation of the approved dwelling.
REASON: In the
interests of the visual amenities of the area
[Relevant Plans
and Policies: BFBLP EN20, CSDPD CS7]
9. The
development hereby permitted shall not be begun until a
Sustainability Statement covering water efficiency aimed at
achieving an average water use in new dwellings of 110
litres/person/day, has been submitted to and approved in writing by
the Local Planning Authority. The development shall be implemented
in accordance with the Sustainability Statement, as approved, and
retained as such thereafter.
REASON: In the
interests of sustainability and the efficient use of resources.
[Relevant
Policy: CSDPD CS10]
10. The
development hereby permitted shall not be begun until an Energy
Demand Assessment demonstrating how 10% of the development's energy
requirements will be met from on-site renewable energy generation
has been submitted to and approved in writing by the Local Planning
Authority. The development shall be implemented in accordance with
the Assessment, as approved, and retained as such thereafter.
REASON: In the
interests of the sustainability and the efficient use of
resources.
[Relevant Plans
and Policies: CSDPD Policy CS12]
11. The
dwelling hereby permitted shall not be occupied until the
associated vehicle parking spaces have been surfaced in accordance
with the approved plans. The spaces shall be retained and kept
available for parking at all times.
REASON: To
ensure that the development is provided with adequate car parking
to prevent the likelihood of on-street car parking which would be a
danger to other road users. [Relevant Policies: BFBLP M9, CSDPD
CS23]
12. The
dwelling hereby permitted shall not be occupied until secure and
covered cycle parking has been provided in accordance with the
approved plans. The facilities shall thereafter be
retained.
REASON: In
the interest of accessibility of the development to
cyclists.
[Relevant
Policies: BFBLP M9, CSDPD CS23]
13. The
development shall incorporate surface water drainage that is SuDS
compliant and in accordance with DEFRA "Sustainable Drainage
Systems - Non-statutory technical standards for sustainable
drainage systems" (March 2015). It shall be operated and
maintained as such thereafter.
REASON: To
prevent increased risk of flooding, to improve and protect water
quality and ensure future maintenance of the surface water drainage
scheme.
[Relevant
Policies: BFBLP EN25, CSDPD CS1]
14.
The development hereby
permitted shall not be begununtil
a scheme has been submitted to and approved in writing by the Local
Planning Authority to accommodate:
(a) Parking of
vehicles of site personnel, operatives and visitors
(b) Loading and
unloading of plant and vehicles
(c) Storage of plant
and materials used in constructing the development
(d) Wheel cleaning
facilities
(e) Temporary
portacabins and welfare for site operatives
and each facility
shall be retained throughout the course of construction of the
development, free from any impediment to its designated use. No
other areas on the site, other than those in the approved scheme
shall be used for the purposes listed (a) to (e) above.
REASON: In the
interests of amenity and highway safety.
[Relevant Policies:
BFBLP M9, CSDPD CS23]
15. The dwelling
hereby permitted shall not be occupied until a scheme for the
provision of biodiversity enhancements including a plan or drawing
showing the location of these enhancements has been submitted to
and approved in writing by the Local Planning Authority. The
approved scheme shall thereafter be performed, observed and
complied with prior to the occupation of the dwelling hereby
approved and retained as such thereafter.
REASON: In the
interests of nature conservation
[Relevant Plans
and Policies: CSDPD CS1, CS7]
In the event of the S106 agreement not being
completed by 31 August 2020, the Head
of Planning be authorised to either extend the period
further or refuse the application on the grounds of:
The occupants of the development would put
extra pressure on the Thames Basin Heaths Special Protection Area
and the proposal would not satisfactorily mitigate its impacts in
this respect. In the absence of a planning obligation to
secure suitable avoidance and mitigation measures and access
management monitoring arrangements, in terms that are satisfactory
to the Local Planning Authority, the proposal would be contrary to
Regulation 63(5) of the Conservation of Habitats and Species
(Amendment) (EU Exit) Regulations 2017 (as amended), Policy NRM6 of
the South East Plan, Policy EN3 of the Bracknell Forest Borough
Local Plan, Policy CS14 of the Core Strategy Development Plan
Document, the Thames Basin Heaths Special Protection Area
Supplementary Planning Document (2018).
Informatives
1. The Local Planning Authority has acted positively
and proactively in determining this application by assessing the
proposal against all material considerations, including planning
policies and any representations that may have been received and
subsequently determining to grant planning permission in accordance
with the presumption in favour of sustainable development, as set
out within the National Planning Policy Framework
2.
No details are required to be submitted in relation to the
following conditions; however, they are required to be complied
with:
1. Time
limit
2.
Approved plans
5. Obscure
glazing
6. Restrictions
on windows
11. Parking
12. Cycle
parking
13. SuDS
The following
conditions require discharging prior to commencement of
development:
3. Materials
4. Slab
level
9.
Sustainability Statement
10. Energy
Demand Assessment
14. Site
organisation
The
following conditions require discharge prior to the occupation of
the dwelling hereby approved:
7.
Landscaping
8.
Boundary treatment
15.
Biodiversity enhancements
3. Future
occupiers of the dwelling will need to carry their bins/refuse to
the end of the driveway onto Mushroom Castle on bin collection
day.
Doc.
Ref:Uniform
7/DC/Agenda
The application
file to which this report relates can be viewed on-line at the
Council's Time Square office during office hours or online at
www.bracknell-forest.gov.uk
